Skip to main content

Questions tagged [defense]

The tag has no usage guidance.

Filter by
Sorted by
Tagged with
11 votes
2 answers
5k views

Is producing a lookalike a sufficient defense against eye-witness identification?

In Charles Dickens' "A Tale of Two Cities" Book 2 Chapter 3 'A Disappointment', a man is on trial. He has been identified by an eyewitness who testifies under oath that he saw the defendant ...
Triplefault's user avatar
4 votes
1 answer
157 views

What are some examples of reasonable steps that may be taken to ascertain sexual assault complainants’ consent?

In Canada and perhaps other jurisdictions, an available defence for sexual assault accusations is that the defendant can show that they had taken reasonable steps to ascertain the complainants state ...
TylerDurden's user avatar
2 votes
2 answers
640 views

Is psychological impairment a defense for murder?

My question was prompted by an episode of the TV show Arrow. The subject of my question is the law not science fiction so I won't go into too much detail, but a character is killed and resurrected by ...
Ethan's user avatar
  • 1,778
0 votes
1 answer
220 views

In a criminal RICO trial, on a particular count, what elements can be shared among the co-defendants?

The Georgia 2020 Election subversion case (a RICO of the Georgia State variety) is quite complex in that there are 19 defendants who are charged with one or more counts from the list of 41 distinct ...
GratefulDisciple's user avatar
-3 votes
3 answers
170 views

In an opposite-sex sexual assault case, is "I'm homosexual" a valid defense?

Let's say Alice is sexually assaulted by a man, and circumstantial evidence pinpoints Bob as the attacker. Can Bob claim that, because he is homosexual/asexual, he does not find Alice sexually ...
Allure's user avatar
  • 2,905
7 votes
1 answer
1k views

On the legality of arming yachts and other recreational craft at sea

Is it legal or applicable to arm yachts or other recreational vessels for defense against piracy, thieves, terrorism, etc?
LazyReader's user avatar
4 votes
2 answers
205 views

Is ignorance of facts an excuse?

Suppose there is a law saying it is illegal to XYZ between 10 PM and 6 AM. If Alice XYZs at 11 PM, she cannot use "I didn't know about the law" as a defense. What if she does know about the ...
Someone's user avatar
  • 17k
-1 votes
1 answer
221 views

legality of the trolley problem [duplicate]

There's this hypothetical scenario (sometimes referred to as the trolley problem) that people refer to as an ethical conundrum. It goes something like: There's a train heading down the track where it ...
Lorry Laurence mcLarry's user avatar
4 votes
2 answers
552 views

Defendant's right to surprise prosecution at trial

Common law disclosure obligations between prosecutors and defendants appear to be imbalanced: prosecutors basically have to disclose everything they have on defendants defendants have to disclose ...
Greendrake's user avatar
  • 27.5k
1 vote
1 answer
64 views

What is the role and power of the Australian Defence Force in civil society?

The Commonwealth government has offered the assistance of the Australian Defence Force (ADF) to the states from time to time. Most recently the New South Wales Government has accepted that offer of ...
Dale M's user avatar
  • 211k
0 votes
2 answers
282 views

Under what circumstances (other than defamation) is "truth an absolute defense" against prosecution?

My understanding is that "truth is an absolute defense" against a "defamation" charge, in the U.S. (Although you could be charged with something else such as "publication of ...
Libra's user avatar
  • 6,498